Clay
Clay v. Wall
Opinion
Lead Opinion
Haynes, J.
Respondent, Mary T. Wall, filed her petition asking that said estate (consisting principally of real estate, of which there were several parcels) be distributed -to her as the sole heir of said decedent, who died intestate. Appellants contested her heirship and right to distribution. Hpon the hearing, the court made findings of fact and conclusions of law ini her favor, followed by the words: “Let distribution of said estate be made accordingly.” Before the entry of any order or decree thereon the first of these appeals (Ho. 451) was taken, and respondent contends- that it was premature, and must be dismissed.
*529 Section 1704 of the Code of Civil Procedure provides that “all orders and decrees of the court or judge must be entered at length in the minute-book of the court”; and it is obvious that such order or decree, when it provides for the distribution of an estate, must describe the property distributed; and section 1715 of the Code of Civil Procedure provides that “the appeal must be taken within sixty days after the order, decree, or judgment is entered”; and for the purposes of an appeal it is “entered” when it is entered at large upon the minutes. (In re Blythe, 110…